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2019 SESSION

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19101538D
SENATE BILL NO. 1236 Offered January 9, 2019 Prefiled January 5, 2019 A BILL to amend the Code of Virginia by adding a section numbered 22.1-295.2, relating to public schools; equal access to education employee associations and professional educator liability insurance providers. ---------- Patron-- DeSteph ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-295.2 as follows:

§ 22.1-295.2. Equal access; education employee associations and professional educator liability insurance providers.

A. For the purposes of this section:

"Education employee association" means teacher associations, teacher organizations, and other associations that are formed for the purpose of promoting the interests of teachers or students.

"Professional educator liability insurance provider" refers to an incorporated entity that is properly licensed to provide professional educator liability insurance in the Commonwealth.

B. School boards shall adopt and implement policies to ensure that employees have equal access to education employee associations. Such policies shall include provisions to:

1. Prohibit preferential treatment to or the endorsement of one education employee association over another through procedures, policies, or any other means;

2. Provide all education employee associations the same opportunity to attend new teacher or employee orientations in an effort to recruit new members, if any such attendance is permitted; and

3. Provide equal access to employee mailboxes or email addresses to all employee education associations, if any such access is given.

C. School boards shall adopt and implement policies to ensure employees have equal access to professional educator liability insurance. Such policies shall (i) require that each employee is provided a list of professional educator liability insurance providers available to such employee and require each such employee to sign a written statement certifying such provision and (ii) establish a process by which a professional educator liability insurance provider may be included on the provider list. The provider list and the process for inclusion shall be posted on the school division website.